Andhra Pradesh High Court - Amravati
Dr.Mani Akkineni, vs State Of Andhra Pradesh, on 16 September, 2022
HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI
MAIN CASE No.W.P.No.29871 of 2022
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
(2) 16-09-2022 CMR, J. Trans-
ferred to
I.O.
Learned Government Pleader for Home takes notice Folder.
for respondents 1 to 4 and learned Deputy Solicitor
General takes notice for 5th respondent. Both of them
request time to file counter-affidavits.
List the matter after four weeks.
I.A.Nos.1 and 2 of 2022
The legal validity of issuance of LOC against the
petitioner on the ground that a crime was pending
against her is questioned by the petitioner relying on the
judgment of the Division Bench of Punjab and Haryana
High Court at Chnadigarh in the case of Noor Paul v.
Union of India (MANU/PH/0561/2022), wherein at
para.66 the Official Memorandum, dated 22.02.2021,
issued prescribing certain guidelines for issuance of
LOC, was extracted and at para.67, it was held that
when there is no adverse effect on the economic interst
of India has been made out either in the original request
made for issuance of LOC, due recourse could not have
been taken for a coercive process like issuance of LOC.
Learned Senior Counsel appearing for the petitioner
2
Sri B.Adinarayana Rao, would submit that as per the
said guidelines prescribed in the Official Memorandum,
mere registration of crime or pendency of investigation
cannot be a valid ground for issuance of LOC. Therefore,
on the aforesaid ground the legal validity of the LOC that
was issued against the petitioner is questioned in the
main Writ Petition.
Therefore, as the legal validity of the LOC that was
issued against the petitioner is challenged in the Writ
Petition, which is to be decided in the main Writ Petition,
after the respondents file their counter-affidavits, there
shall be interim suspension of the impugned LOC issued
against the petitioner, till the next date of hearing.
The petitioner is permitted to leave for USA and
again return to India as per her schedule. However, as it
is vehemently contended by the learned Government
Pleader for Home that the petitioner is not cooperating
with the Investigating Officer to complete the
investigation, and she is not appearing before the
Investigating Officer in response to the notices served on
her, the petitioner is directed to cooperate with the
Investigating Officer for completion of investigation.
Learned Senior Counsel appearing for the petitioner
would submit that the petitioner is ready to appear
3
before the Investigating Officer tomorrow itself.
Therefore, the petitioner is directed to appear before
the Investigating Officer tomorrow at 10.30 A.M. at NRI
Hospital, Mangalagiri. The process of examination/
interrogation or whatever the process it may be, shall be
completed by the Investigating Officer by 5.00 P.M.
tomorrow. She shall be treated with human dignity and
she shall not be subjected to any pointless grilling or any
harassment.
The Investigating Officer is directed to inform that
the LOC that was issued against the petitioner was
suspended by this Court till the next date of hearing to
the 5th respondent Bureau of Immigration, Ministry of
Home Affairs, New Delhi.
_________
CMR, J.
cs
